Reagan v. State

Court of Criminal Appeals of Texas

Reagan v. State

594 S.W.2d 71, 1980 Tex. Crim. App. LEXIS 1037

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 9, 1980

Docket61476

StatusPublished

Cited by2 cases

This text of 594 S.W.2d 71 (Reagan v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reagan v. State, 594 S.W.2d 71, 1980 Tex. Crim. App. LEXIS 1037 (Tex. 1980).

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Opinion

OPINION ON STATE’S MOTION FOR REHEARING

ROBERTS, Judge.

A panel of the Court decided that this revocation of probation should be reversed and remanded because the motion to revoke the appellant’s probation did not specify the condition of probation that allegedly was violated. In a motion for rehearing, the State points out that there is no sentence in the record. Our prior opinions are withdrawn.

When no sentence appears in the appellate record, this Court has no jurisdiction to enter any order other than dismissal of the appeal. Williams v. State, 478 S.W.2d 441 (Tex.Cr.App.1972). The appellant agrees that this Court has no jurisdiction of the appeal. The appeal must be dismissed.

If sentence was pronounced, the trial court may enter the sentence nunc pro tunc; on receipt of a supplemental transcript containing the sentence, the appeal will be reinstated. De Mary v. State, 423 S.W.2d 331 (Tex.Cr.App.1968). If sentence never has been pronounced, it now may be pronounced and entered; if he wishes, the defendant then may give notice of appeal and take a new appeal in the usual manner. Parks v. State, 553 S.W.2d 114 (Tex.Cr.App.1977).

The appeal is dismissed.

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